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1. The Defendants jointly and severally liable to the Plaintiff KRW 27,600,000 and Defendant B with respect thereto from November 12, 2013.
Reasons
1. Basic facts
A. As the operator of C, the Plaintiff entered into a contract between May 2013 to July 30, 2013 with Defendant B, who was the operator of D, to supply figures for reinforced concrete construction among the E-type urban residential housing construction works ordered by Defendant Lone Starex Co., Ltd. (mutual change registration in the Cheongju-si Construction Co., Ltd., Ltd., on October 8, 2013).
(hereinafter referred to as “labor contract”). (b) Labor contract
At the same time, Defendant Lone Star Co., Ltd. agreed to pay the construction cost incurred under the labor contract that Defendant B shall pay to the Plaintiff directly (hereinafter referred to as “direct payment agreement”), and Defendant Lone Star Construction Co., Ltd guaranteed payment for the direct payment agreement.
C. On June 15, 2013, Defendant Lone Star Co., Ltd. paid directly to the Plaintiff labor cost of KRW 22,007,615 for May 15, 2013. However, upon confirmation by Defendant B, Defendant B did not pay KRW 27,60,000 for labor cost of June 27, 2013 claimed at the beginning of July 2013.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 3 (part) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. All of the grounds for the Defendant B’s claim were led to confession.
The defendant is obligated to pay to the plaintiff the unpaid labor cost of KRW 27,600,000 and damages for delay.
B. According to the facts found above, Defendant Lone Star Co., Ltd., and Lone Star Construction Co., Ltd., Ltd., and Lone Star Co., Ltd. and Lone Star Construction Co., Ltd, are jointly and severally liable with Defendant B to pay to the Plaintiff the unpaid labor cost of KRW 27,60,000,000 and damages for delay.
As to this, Defendant Lone Star Co., Ltd and Lone Star Construction Co., Ltd. are obligated to pay the Plaintiff’s labor cost directly because, at the beginning of July 2013, the Plaintiff claimed the labor cost for the portion of June 2013, the construction cost exceeded the construction cost under the construction contract entered into with Defendant B.